The court mandated an expeditious investigation into a serious criminal case under Article 226, emphasizing timely action in such matters.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issue of writ of mandamus commanding upon the respondents to expedite the investigation of Sindri P.S Case No.38 of 2022 involving the offences punishable under Section 302 of the Indian Penal Code.

3. The brief fact of the case is that Sindri P.S. Case No.38 of 2022 has been registered on the basis of the Fard Beyan of the informant which is recorded by the police where the writ petitioner has alleged that the death of his 15 years old son namely Asmit Akash took place in his school because of some suspicious incident. On the basis of the Fard Beyan of the informant which is recorded by the police, police registered Sindri P.S. Case No.38 of 2022 involving the offences punishable under Section 302 of the Indian Penal Code and took up investigation of the case which is still going on.

4. Learned counsel for the petitioner submits that in the post mortem report, it has been opined that the opinion regarding cause of death of the deceased son of the petitioner has been kept reserved pending chemical examination report. It is next submitted that though more than 2 years has been elapsed, no progress has been made in the investigation as of yet, hence, the prayer as prayed for, in this writ petition, be allowed.

5. Learned counsel appearing for the State vehemently opposes the prayer of the petitioner and submits that the DVR of CCTV Camera was seized during the investigation and was sent for forensic examination. The forensic report in short conclude that no definite conclusion regarding tampering and deletion of the clips at the mentioned time period can be drawn. It is next submitted that the respondent no.2 to 5 are taking all possible steps to conclude the investigation of the case diligently.

6. Considering the aforesaid facts, this writ petition is disposed of with a direction to the respondent no.2 to 5 to conduct expeditious investigation of the case and conclude the same within a period of 3 months from the date of receipt of this order.

7. Accordingly, this W.P. (Cr.), stands disposed of.